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, this investigation still very much continuing. justice departments saying the suspect will not be read his miranda rights. they are invoking the public safety exception. it's allowed in cases of immediate danger. meanwhile mccain and lindsay graham said dzhokhar tsarnaev should be treated as a potential enemy combatant. they said now that the suspect is in custody is the last thing we should want is for him to remain silent. under a law of war we can hold the suspect to a enemy combatment not entitled to miranda warnings or the appointment of counsel. the older brother, he was killed on friday, and they investigated him at the request of a foreign government, and they did not find any ties to terrorism. and we are joined from london by a counterterrorism expert, and mike sullivan here is a former acting director of the bureau of tobacco, firearms and explosives. let's start with you in london, will. the fbi talked to this man in 2011. it does beg the question, did they miss something when they talked to tamerlan tsarnaev? >> well, it's always very difficult to say. however, having said that, if yo
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